Cookson

Miller v. Cookson

Good Law
1928 Cal. App. LEXIS 249·89 Cal. App. 602·265 P. 374
Court of Appeal of CaliforniaMarch 1, 1928Docket No. 4898.California2,593 words

Opinion

Lead Opinion

Hazlett, J.

Plaintiff sued for $10,275 in damages on account of personal injuries suffered by him, resulting from the explosion of an electrical exploder. He alleges that his injuries occurred in the course of his employment by defendant Mrs. Virginia L. Cookson, as a ranch hand on her ranch.

At the close of plaintiff’s case in chief, defendants moved for a nonsuit, contending that plaintiff had failed to make out a prima facie ease, and that no neglect was shown which would attach any liability to either defendant. The court made its order granting the motion on the ground that the evidence was not sufficient to permit the case to go to the jury, and discharging the jury.

Plaintiff appeals from the order, asserting that he had made a prima facie case of negligence.

The evidence produced by plaintiff showed substantially the following facts:

On June 14, 1922, and for a time prior thereto plaintiff was employed by defendant Mrs. Virginia L. Cookson, on her ranch to do general' ranch work, for a monthly wage and his room and board. On that date, while plaintiff was engaged in pumping water on the ranch, one Collins, a radio salesman, was installing a radio upon the ranch for demonstration…

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